1. Subject of the Agreement

This user license contract is an agreement between you (natural or legal person who, where applicable, is representing, manifesting their power for said purpose) (the CLIENT) and Electric Blue Horseman Pty Ltd (hereinafter, EBH), registered address in Sydney, Australia. The purpose of this contract is to regulate the conditions for granting a software user license, of a non-exclusive, personal and non-transferable nature under the terms and conditions provided herein. The characteristics, specifications and functions of this software can be found at the Atlassian Marketplace.

2. Scope for the User License of the Program

By means of this contract, EBH grants the CLIENT a non-exclusive, personal and non-transferable right to use the software, and for the amount of time indicated in the Fourth clause of this contract. EBH is the owner of the intellectual, industrial and exploitation rights over the software stipulated in this contract and, subsequently, the CLIENT acquires no right of this type except that which is required for use. In particular, the CLIENT may neither reproduce, introduce improvements, make new updates, successive versions or derivative programs, nor, in general, make any adaptations or modifications. Neither can they, for themselves or for third parties, access, modify or use the source code, decompile, reverse engineer or disassemble, except to the extent permitted by law, nor assign, sublicense, distribute, rent, transmit in any other way copies of the software, or conduct exploitations for themselves, for third parties or on behalf of third parties. The user license subsequently includes updates that, where applicable, are applied to the version acquired by the CLIENT but not to any personalized developments that may be of interest to the CLIENT, or other additional services such as, for example, training or maintenance, all of which are services that should be the subject of another specific contract for said service that, when applicable, they wish to contract. In any event, the license is granted for the program to be used by the number of users allowed according to the product license under which the software stipulated in this contract is installed.

3. Price

The price of this user license is that which is indicated in the specific area in the Marketplace. All taxes applicable to the purchase or contracting of the software user license will be paid by the CLIENT.

4. Duration

the duration can be monthly or annual, renewable for equal periods, depending on the payment frequency selected by the CLIENT.

5. Installation

The installation of the software stipulated in this contract should be carried out by the CLIENT following the steps given in the “Installation” section, in the EBH profile at the Atlassian Marketplace.

6. Obligations of the Parties

Obligations of EBH

EBH must comply with the following obligations:

Obligations of the CLIENT

THE CLIENT must comply with the following obligations:

7. Security Measures

EBH guarantees that it complies with the minimum requirements enforced by Atlassian for developers in terms of security measures.

8. Responsibility

EBH will not be held liable for damages that the CLIENT may suffer as a result of using the software, only being held liable for those that occur through intent or gross negligence, the maximum amount of compensation being the price paid by the CLIENT for contracting the license. In the same way, neither will they be liable for damages that the CLIENT may cause to third parties as a result of work carried out using the software. EBH only guarantees compliance with the technical functionalities and specifications of the software stated, not that it is useful or valid for the use that the CLIENT wishes to make of it.

9. Intellectual and Industrial Property

The CLIENT acknowledges that all intellectual property rights and, where appropriate, industrial rights, of the program belong solely and exclusively, to EBH in such a way that the CLIENT does not subsequently acquire any intellectual property rights or rights of any other type over the software, beyond the right of use that is stipulated in this contract. The CLIENT is expressly prohibited from reproducing, transmitting, modifying, adapting, making new versions or derivative programs, decompiling, reverse engineering or disassembling, sub-licensing, distributing and any other activity described in the second Clause, without the express authorization of EBH.

10. Termination

This contract will be terminated for the following reasons:

  1. Due to expiry of its initial term of duration or any of its renewals.
  2. Due to mutual agreement between the parties.
  3. Due to breach of the contract by either of the parties.
  4. For other causes provided by Law.

In the event of non-compliance by either party with the obligations arising from this contract, the other party may consider it terminated, with no prior notice or compensation required, with communication of said termination to the opposite party being sufficient. This is without prejudice to any compensation that, for damages or losses, may correspond.

11. Applicable Legislation and Jurisdiction

This contract is subject to Australian legislation. For any discussion or controversy regarding the interpretation or compliance of this contract, the parties expressly agree to submit themselves to the Courts and Tribunals of New South Wales (NSW) Australia, expressly waiving their own jurisdiction, if existing.